Passive Observers or Active Participants? Jurors in Civil and Criminal Trials

What was the role played by jurors in civil and criminal trials from the late eighteenth to the late nineteenth century? This article establishes that during this period, juries in Ireland played a relatively active role. It examines individual reports of civil and criminal trials and considers the nature of juror participation during this period, establishing that jurors frequently questioned witnesses, berated counsel, interrupted judges, demanded better treatment and added their own observations to the proceedings. This article compares the nature and level of interaction from different categories of jury – civil and criminal, common and special. It asks why Irish jurors continued to be active participants until late in the nineteenth century, and how the bench and bar received their input. It also suggests that English jurors may have played a more active role during this period than previously thought. Finally, the article considers some possible reasons for the silencing of Irish jurors by the late nineteenth century.     

The Impact of Psychological Injury Evidence and Jurors’ Schemas on Civil Case Decisions

Psychological injury evidence is at the heart of many civil claims. Due to the recent burgeoning of sexual harassment and assault claims which predominantly involve psychological distress, it is especially important to understand how jurors process this evidence at the most basic (or schema) level, and how these preconceived notions influence processing of trial evidence and subsequent legal judgments. As a result, the present paper explores rarely addressed—but fundamental—issues regarding how jurors perceive psychological injury evidence. Specifically, do jurors have psychological injury schemas? And if so, what injuries do these schemas contain, how stable are they, how are they evaluated, and how do they affect jurors’ case perceptions and legal decisions? A review of relevant theory and empirical research reveals that jurors have psychological injury schemas, but they are often poorly developed and susceptible to the influence of prompts used to retrieve these schemas (e.g., questions posed by attorneys during voir dire, the actual injuries adduced by the plaintiff). Also interesting is that despite the relative importance of psychological injury evidence, tremendous gaps remain regarding what actual types of psychological injuries jurors believe typically result in civil cases, how stable these injury schemas are, and precisely how they affect jurors’ decisions. This paper addresses these important issues to help organize and direct future research on the subject, including proposing a model for how psychological injury schemas interact with jurors’ perceptions of the plaintiff’s alleged injuries to affect their legal decisions.     

Groups, gangs, and delinquency: Does organization matter?

Purpose

A consistent finding of research on delinquency has been that gang members show higher levels of delinquent behavior than non-gang members. However, research attempting to understand the mechanisms underlying this finding is lacking. The basic premise of the current article is that the level of organization found in delinquent groups and gangs matters in clarifying the relationship between membership and delinquency.

Methods

This article examined the association between organization and delinquency in a sample of 523 self-reported juvenile offenders from a high school survey conducted in the province of Quebec, Canada.

Results

The results showed that 1) there is clearly something special about membership in a gang that influences delinquency beyond the more general membership in a delinquent group; 2) the key to understanding finding lies, in part, in the level of organization found in gangs. Organization emerged as the most important factor associated with general delinquency, involvement in violence, and in drug supply offences, significantly (but not completely) reducing the effect of gang membership on delinquency.

Conclusions

Even if most delinquent associations show little signs of formal structure and organization, this study demonstrates the importance of organization as a key mechanism to understand the gang effect on delinquency.     

Science in the Jury Box: Jurors’ Comprehension of Mitochondrial DNA Evidence

Questions about how jurors understand and apply scientific evidence were addressed in a mock jury study in which 480 jury pool members watched a videotaped mock trial that included expert testimony about mitochondrial DNA (mtDNA) evidence purportedly linking a defendant to a crime. Collectively, jurors showed moderately good comprehension of the mtDNA evidence, although some made definitional and inferential errors. Comprehension was better among jurors with higher educational attainment and more mathematics and science courses. Lower comprehension was associated with jurors’ reservations about science and concerns about the contamination of mtDNA evidence. The results suggest that most jurors are capable of comprehending and employing scientific evidence presented during trial, although errors and doubts about the evidence should be anticipated.     

Social Control and Emancipation ? Ambiguities in Child Welfare

Child welfare may be regarded either as a tool used by the authorities to exercise social control over family life, or as a weapon supporting the cause of children, striving to emancipate them from both parental and societal neglect or oppression. Research into Norwegian child welfare in the period since the Second World War reveals an ambiguous picture: the intervention of the state into family life signals both tightening social control of all family members and emancipation of the less powerful from patriarchal rule. As the rights and needs of children are considered more important, the control of parents, especially the mother, is increased. The central position of children and their interests have been strengthened in child welfare legislation. However, it is not the child, but the child welfare officials who define what is 'in the best interest of the child'. Post-war development has not granted children autonomy. Child welfare legislation is still mainly paternalistic. In child welfare casework, there is a danger that the lived experience of the child never emerges from the shadows cast by the interaction between adults. In relation to older children who came in contact with child welfare primarily because of their own problem behaviour, the ambiguity of emancipation and control has taken a somewhat different shape. The authorities wanted to keep these children out of prison. Humanitarian considerations, however, have been coupled with hopes of more effective crime prevention. In the postwar years, misbehaving children were also embraced by the increasing importance of 'the best interest of the child' as the main objective in child welfare decisions. In order to secure both emancipation and control, 'the best interest of the child' and the state's interest in preventing crime had to be understood as one and the same.     

Does Context Matter in Determining Psychological Abuse? Effects of Pattern,Harm, Relationship,and Norms

This study explored contextual influences in determining whether psychologically aggressive actions constitute abuse. One hundred and thirty-one undergraduates completed measures of key experiences, attitudes, and traits, and rated abusiveness of behaviors in a series of vignettes. Vignettes varied contexts in which behaviors occurred, including whether the behavior was a pattern, whether there was harm to the recipient, characteristics of the initiator-recipient relationship, and whether behavior was normative. Results showed no effects for participants’ gender, past experiences with psychological aggression, and traits or attitudes. Findings indicated that behaviors were rated as more abusive when harm to the recipient was evident. Findings regarding patterns of behavior, relationship, and normative contexts were less consistent. Implications for measurement of psychological abuse are discussed.     

In the National Interest? Political Control and Registration in Norway and Sweden

Dokument nr.15. Rapport til Stortinget fra kommisjonen som ble nedsatt av Stortinget for å granske påstander om ulovlig overvåkning av norske borgere. [Document no. 15. Report to the Norwegian Parliament from the Commission Appointed by Parliament to Examine Allegations of Unlawful Monitoring of Norwegian Citizens]. (The Lund Report). 28 March 1996. (Cit. LR 1996).

Säkerhetstjänstkommissionen. [The Commission of Inquiry into the Security Service]. (Cit. STK).

SOU 2002:87 Rikets säkerhet och den personliga integriteten. Betänkande av säkerhetstjänstkommissionen. [National Security and Personal Integrity. Report from the Commission of Inquiry into the Security Service].

SOU 2002:88 Politisk övervakning och personalkontroll 1945‐1969. Forskarrapport till säkerhetstjänstkommissionen. [Political Monitoring and Background Checks 1945–1969. Research report to the Commission of Inquiry into the Security Service].

SOU 2002:89 Politisk övervakning och personalkontroll 1969–2002. Forskarrapport till säkerhetstjänstkommissionen. [Political Monitoring and Background Checks 1969–2002. Research report to the Commission of Inquiry into the Security Service].

SOU 2002:90 Den farliga fredsrörelsen. Forskarrapport till säkerhetstjänstkommissionen. [The Menacing Peace Movement. Research report to the Commission of Inquiry into the Security Service].

SOU 2002:91 Hotet från vänster. Forskarrapport till säkerhetstjänstkommissionen. [The Threat from the Left. Research report to the Commission of Inquiry into the Security Service].

SOU 2002:92 Det grå brödraskapet—en berättelse om IB. Forskarrapport till säkerhetstjänstkommissionen. [The Grey Brotherhood—A Story of IB. Research report to the Commission of Inquiry into the Security Service].

SOU 2002:93 Övervakningen av SKP‐komplexet. Forskarrapport till säkerhetstjänstkommissionen. [The monitoring of the SKP‐Complex. Research report to the Commission of Inquiry into the Security Service].

SOU 2002:94 Övervakningen av nazister och högerextremister. Forskarrapporter till säkerhetstjänstkommissionen. [The Monitoring of Nazis and Right Wing Extremists. Research reports to the Commission of Inquiry into the Security Service].

SOU 2002:95 Forskarrapporter till Säkerhetstjänstkommissionen. [Research report to the Commission of Inquiry into the Security Service].     

Can Item-Level Error Correlations Correct for Projection Bias in Perceived Peer Deviance Measures? A Research Note

Objectives

Research indicates respondents overestimate the similarity between their own deviance and that of their peers. Extending Rebellon and Modecki’s (J Quant Criminol 30:163–186, 2014) study, we examine if item-level error correlations in structural models reduce bias for non-peer-based, theoretically derived covariates such as self-control. Our specific interest lies in investigating the theoretical implications and practical value of using the correlated error technique in ‘everyday’ structural equation modeling.

Methods

Using dyadic data and multiple constructs of deviance, we present three sets of structural equation analyses. The first assesses the relationship between peer behavior and deviance via perceptual measures. The second uses identical constructs, but estimates item-level error correlations between perceptual and deviance items. The third replaces perceptions of peer deviance with items measuring peers’ self-reported behavior.

Results

Self-control and demographic variables have equivalent effects in perceptually-based correlated error models and models controlling peer self-reported deviance. However, latent variable adjustments to perceptions of peer behavior fail to bring perceived peer deviance coefficients into line with corresponding coefficients from models using peer self-reports, indicating that perceptions and peer self-reports are distinct constructs.

Conclusion

Researchers cannot use item-level error-correlations to model peer effects without collecting data from peers. They may, however, use these correlations to control for peer effects even when peer self-reports are not available. Because we find strong effects of self-control while maintaining social learning theory’s emphasis on perceptions, we argue that the technique is a form of theoretical reconciliation and recommend criminologists adopt the use of correlated errors in all social influence-based structural models.

     

Changing Control of the Open Drug Scenes in Oslo— Crime,Welfare, Immigration Control,or a Combination?

Over the last few years there has been a societal move away from a perception of drug users as criminals to a perception of the users as sick. Contrary to what one may expect from such a change, reported drug crimes against the penal code are at record-high levels. It is the contradictory inherent in these tendencies that will be emphasized and highlighted in this article. The open drug scenes in Oslo and the police control of the scenes have changed. During the last few years there has been a growing element of foreign citizens in the drug scenes, and the police control has focused on the foreigners. Could part of the explanation of the contradictions be that there is a differentiation of how the different users are handled? Are there different forms of social control employed toward Norwegian and foreign actors in the open drug scenes? This article puts forward arguments that this is actually the case, driven by a consistent association of foreign actors in the drug scene with organized crime, and a stricter Norwegian legislation and approach to immigration questions, with a tendency toward a conflation of immigration and criminal law.     

Lost in registration? Missing occupations of single women in the Bruges countryside,c.1814

The absence of occupational titles for women in historical censuses has stymied numerous scholars. Various authors have explained this phenomenon as carelessness or bias on the part of the census-takers. Women's work was of little interest to the authorities and census officials focused their efforts upon the activities of the head of household. While source triangulation can be a useful tool for uncovering ‘hidden’ employment of women, it is often a complex and time-consuming process. In this article we outline an alternative to deal with the issue of missing occupations of single women in censuses by exploring their living arrangements. We identify four aspects of co-residence that can highlight the roles played within the household by single women without registered employment: their relation to the head of the household, and that individual's occupation, property and marital status. Comparing data from the 1814 population census regarding two social agro-systems and the city of Bruges, we argue that occupational titles of single women were not randomly omitted by the census officials, but reflect the embeddedness of these women in the family economy and household. While we do not refute recent research that stresses single women's economic independence during the long eighteenth century, our findings suggest that for a subset of singles this was not the case. We claim that by studying registered labour only, the historical picture of single women's work is biased or at the very least incomplete.     

Where are our Daughters, Mothers, Sisters, and Wives?: A Typological Analysis of Missing Women and Girls in Greater China, 1900–2000s

Advancing a typology for missing women and young girls in Greater China (China, Hong Kong, and Taiwan) has been a task seldom engaged in by feminist criminologists, specialists in East Asian history, or sociologists specializing in women’s studies in the last decades. Partially because of this situation, people tend to believe that missing women and young girls in Greater China are abandoned or abducted persons, and that it is not difficult to categorize this group. The author of this paper argues that missing women and young girls in China, Hong Kong, and Taiwan are not merely abandoned or abducted persons. On the contrary, the socioeconomic, political, and/or cultural factors that separate some Chinese/Hong Kongese/Taiwanese females from their families are highly heterogeneous. With this in mind, the theme of this paper is to develop a classification system for missing females in China, Hong Kong, and Taiwan in the twentieth and early twenty-first centuries. Three variables are used to construct this classification system: personal choice, slavery, and sociological locus. Each of these factors is divided into two levels: forced/voluntary (F/V) migration for personal choice; involvement/non-involvement (I/N) of economically exploited labor for slavery; and unlikelihood/likelihood (U/L) of family reunification for sociological locus. Based on combinations of these stated variables, missing women/young girls in Greater China are conceptually categorized as FIU, FNU, FIL, FNL, VIU, VNU, VIL, and VNL types.     

Testing for Analysts’ Bias in Crime Prevention Experiments: Can We Accept Eisner’s One-tailed Test?

Eisner (Journal of Experimental Criminology, this issue, 2009) suggests that developer-led evaluations often make programs look better than independent evaluations do because the former suffer systematic biases in favor of prevention success. Yet, his proposed remedies suffer their own systematic bias, constituting a ‘one-tailed’ test of bias in only one direction. In this response we suggest that a more objective assessment of ‘analysts’ effects’ requires a ‘two-tailed’ test of bias, in which reviewers would measure indications of bias both for and against success in evaluations reported by both developers and independent evaluators. After exploring the full complexity of the distinction between developers and evaluators, we report on one case in which independent evaluations were more favorable than those of developers. We then suggest possible indicators of analysts’ biases against finding success that may characterize the work of developers who “bend over backwards” to find harm in their programs, and of independent evaluators who may seek to “get a scalp” of a developer or a program.

The Missing Witness? George V,Competence, Compellability and the Criminal Libel Trial of Edward Frederick Mylius

A criminal libel trial in 1911 set the monarch against one of his subjects. Edward Mylius repeated a rumour that accused King George V of marrying Queen Mary when – secretly – the King had previously married someone else and had three children. The criminal charge, the process used to bring the issue to court, the advice to the King of the relevant ministers (including Winston Churchill as Home Secretary) and the trial itself stretched the boundaries of fairness. The legacy of the trial created a lingering problem. Can the monarch ever be required to face the direct scrutiny of examination by being required to appear as a witness in his or her own court to support a personal complaint?     

‘Mastaans’ and the Market for Social Protection Exploring Mafia Groups in Dhaka,Bangladesh

This paper presents a study of mafia groups in Bangladesh. Drawing on the views and experiences of 22 street children, 80 interviews with criminal justice practitioners, NGO workers and community members and over 3 years of participant observation of the criminal justice system, the paper considers the ‘mastaans’: Bangladeshi mafia groups. The article draws on both theories of protection and behaviour to develop a social protection theory of the mafia. The article considers the social networks of mastaan groups, their prevalence, where they operate, divisions of labour, the crimes that they commit and the associations that they have with politicians and the police. The paper demonstrates that mastaans work in alliance with corrupt members of the state and they provide access to services, resolve disputes, commit extortion and carry out a wide array of criminal activity, much of which relies on their monopolisation of violence to protect their illegal industries. The paper demonstrates—for the first time—that mafias operate in Bangladesh and draws on data gathered from both adults and children, the implications of which are discussed.     

Disentangling the Disability Quagmire in Psychological Injury: Part 1—Disability and Return to Work: Theories, Methods, and Applications

This paper critically reviews and integrates multidisciplinary literature informing conceptualization and determination of disability and return to work from a psychological injury perspective. It focuses on dissecting and disentangling the ambiguities and complexities of theories and definitions of disability, impairment, and return to work, highlighting the conceptual quagmires that affect both research and clinical methodology in the field. The paper discusses the strengths and limitations of the main theoretical perspectives on disability and return to work—social, medical, and biopsychosocial—and the associated applied perspectives, including the legal/administrative, clinical, and research oriented. It provides a special focus on the Americans with Disabilities Act and the American Medical Association’s Guides for the Evaluation of Permanent Impairment as leading applied perspectives. The paper also highlights the features and methodological implications of the integrative framework of the International Classification of Functioning, Disability and Health (World Health Organization, International classification of functioning, disabilities and health, WHO, Geneva, Switzerland, 2001). Finally, it draws implications for the field of psychological injury in a legal context.     

Social Justice and the Human–Environment Relationship: Common Systemic, Ideological, and Psychological Roots and Processes

Historical analyses and contemporary social psychological research demonstrate that prevailing systems, institutions, and practices espouse an ideology of conflict between humans and the natural world. The established paradigm of society espouses domination of and separation from the natural environment, and manifests in environmentally detrimental attitudes and practices. Ecological exploitation appears to stem from the same root socioeconomic processes as social injustice—the hierarchical arrangement of power which places some groups and the environment in a position devoid of power or rights. Accordingly, endorsement of social and environmental injustice is exacerbated by tendencies toward domination and hierarchy, such as social dominance orientation and right-wing authoritarianism. Moreover, injustice is perpetuated by motivation to uphold and justify social structures and the dominant paradigm, which stifles societal change toward intergroup fairness and equality and motivates denial and neglect in the face of environmental problems. Ideological tendencies in service of the system, including political conservatism, belief in a just world, and free market ideology, contribute toward perpetuating injustice as well as anti-environmental sentiment and behavior. Considering the shared psychological and ideological underpinnings of social and environmental injustice point to important interventions, such as cultivating interdependence through contact, fostering inclusive representations, and harnessing ideological motives toward overcoming resistance to change, and carry implications for expanding the scope of justice theory, research, and practice.     

Can Cohort Replacement Explain Changes in the Relationship Between Age and Homicide Offending?

This paper focuses on shifts in the age distribution of homicide offending in the United States. This distribution remained remarkably stable with small but significant changes over a long period of time. Then between 1985 and 1990 the rates of homicide offending doubled for 15-to-19 year olds and increased nearly 40% for 20-to-24 year olds, while the homicide offending rates decreased for those over 30. In addition to this “epidemic of youth homicide,” which lasted through the mid-1990s, there have been systematic changes in the age distribution of homicide in the United States associated with cohort replacement over the past 40 years. We introduce an estimable function approach for estimating the effects of age, period, and cohort. The method allows us to assess simultaneously the impacts of periods and cohorts on the age distribution of homicide offending. We find that although the age curve remains relatively stable, there are shifts in it associated systematically with cohort replacement. Cohort replacement accounts for nearly half of the upturn in youth homicides during the epidemic of youth homicides, but a significant fraction of that upturn is not associated with cohort replacement.